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Author Topic: Speeding Fine - Summons?  (Read 4521 times)

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Offline KiLRoy

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Re: Speeding Fine - Summons?
« Reply #20 on: March 12, 2014, 05:45:26 am »
I don't sign any doc's - fines or otherwise
I never pay traffic fines
I have never been arrested at any roadblock
They must produce the warrant on the spot which they can seldom do


You obviously don't ride around the dome, northgate area, cause there they do it on a regular basis, nasty enough to ruin your day.

How do they issue a summons on the spot? There surely is court procedures required?  You surely must have the option to pay the fine within x amount of time too?
 

Offline silvrav

Re: Speeding Fine - Summons?
« Reply #21 on: March 12, 2014, 06:54:10 am »
I don't sign any doc's - fines or otherwise
I never pay traffic fines
I have never been arrested at any roadblock
They must produce the warrant on the spot which they can seldom do


You obviously don't ride around the dome, northgate area, cause there they do it on a regular basis, nasty enough to ruin your day.

How do they issue a summons on the spot? There surely is court procedures required?  You surely must have the option to pay the fine within x amount of time too?

If it is a fine, yes you pay the fine, but if its of a more serious nature (40km/h over speedlimit) its an immediate summons. I have heard of stories where some were arrested and some not.

I agree, that they must get you to sign otherwise they have no proof of the ticket/summons being delivered.
 

Offline Ou Krokkedil

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Re: Speeding Fine - Summons?
« Reply #22 on: March 12, 2014, 07:17:32 am »
The law states that if the sherif of the court can proof that he delivered the summons to your DOCCILUM adress you are in trouble.

Currently they get default judgement against you and when stopped at a road block the summons is pulled from the sytem electronically and you will either have to pay or sit in jail until you appear before a judge.

The other problem is that when they get default judgement it is registered against your credit record and you cant open any accounts.

I am currently sitting with this situation, for a fine that was given to a person who drove a car I sold 10 years ago, he never did a change of ownership and now i am sitting with the problem.

I had to go to court with the help of a lawyer with proof that i sold the car, after paying the R1500 fine we got a letter from the Cilly Council and now they are going to remove the judgment against my name.

I believe the etols is using the same method
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Offline silvrav

Re: Speeding Fine - Summons?
« Reply #23 on: March 12, 2014, 07:24:08 am »
The law states that if the sherif of the court can proof that he delivered the summons to your DOCCILUM adress you are in trouble.

Currently they get default judgement against you and when stopped at a road block the summons is pulled from the sytem electronically and you will either have to pay or sit in jail until you appear before a judge.

The other problem is that when they get default judgement it is registered against your credit record and you cant open any accounts.

I am currently sitting with this situation, for a fine that was given to a person who drove a car I sold 10 years ago, he never did a change of ownership and now i am sitting with the problem.

I had to go to court with the help of a lawyer with proof that i sold the car, after paying the R1500 fine we got a letter from the Cilly Council and now they are going to remove the judgment against my name.

I believe the etols is using the same method

Did they have proof that they delivered it to your address?
 

Offline Ou Krokkedil

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Re: Speeding Fine - Summons?
« Reply #24 on: March 12, 2014, 07:44:49 am »
Hi there. The sherif made an avidsvit that he attaches to the copy that goes back to the court, apperantly that is enough evidance for the court.
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Offline hayleyscomet

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Re: Speeding Fine - Summons?
« Reply #25 on: March 12, 2014, 07:50:52 am »
Hey Guys,

I got a little gift from the krugersdorp traffic department.

123kph in a 60 zone on the randfontein road ona sunday morning late for a meeting

In my defence I honestly thought it was a 100kph zone.

Now:

The fine says:

'No admission of guilt' and then 'report to krugersdorp magistrates court' there is no date specified or anything.

Im in Tanzania and i dont know when ill be back again. Will they issue an arrest warrant if i dont show? Anybody with some experience.

I got one on the n1 in midrand a couple of years ago where they claimed they would send a summons which never came.

Also photo for your pleasure:



I had one of those.............

R8000 fine at court, all that for a R600 playstation game!

Luck on my side though - the fine dropped due to being sent out only after the allotted time period!!!!
they have only X amount of time to issue fines before they become null & void.... :deal:

clean underpants for me :o

WHAT Is the allotted time you mention

3 Months or 6 Months ?

 

Offline JMG

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Re: Speeding Fine - Summons?
« Reply #26 on: March 12, 2014, 08:20:44 am »
I don't sign any doc's - fines or otherwise
I never pay traffic fines
I have never been arrested at any roadblock
They must produce the warrant on the spot which they can seldom do


You obviously don't ride around the dome, northgate area, cause there they do it on a regular basis, nasty enough to ruin your day.

How do they issue a summons on the spot? There surely is court procedures required?  You surely must have the option to pay the fine within x amount of time too?
They arrest you and take you to court
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Offline StevedW

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Re: Speeding Fine - Summons?
« Reply #27 on: March 12, 2014, 08:33:22 am »
Don't forget the onus is on the vehicle owner to ensure BOTH postal and residential addresses are on the e'Natis database.
I have heard that all they have to do is show a summons was delivered or posted to either address. Obviously you can't show it was posted through normal post and that is why registered post is the norm.
 

Offline snortjoppie

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Re: Speeding Fine - Summons?
« Reply #28 on: March 12, 2014, 08:35:01 am »
Hey Guys,

I got a little gift from the krugersdorp traffic department.

123kph in a 60 zone on the randfontein road ona sunday morning late for a meeting

In my defence I honestly thought it was a 100kph zone.

Now:

The fine says:

'No admission of guilt' and then 'report to krugersdorp magistrates court' there is no date specified or anything.

Im in Tanzania and i dont know when ill be back again. Will they issue an arrest warrant if i dont show? Anybody with some experience.

I got one on the n1 in midrand a couple of years ago where they claimed they would send a summons which never came.

Also photo for your pleasure:



I had one of those.............

R8000 fine at court, all that for a R600 playstation game!

Luck on my side though - the fine dropped due to being sent out only after the allotted time period!!!!
they have only X amount of time to issue fines before they become null & void.... :deal:

clean underpants for me :o

WHAT Is the allotted time you mention

3 Months or 6 Months ?


I think its less than 3 months - cant remember ??? ???
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Offline Pavlovski

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Re: Speeding Fine - Summons?
« Reply #29 on: March 12, 2014, 09:52:11 am »
And with this new ARTO points system you might even get your license suspended. All i am saying is don't ruin your future just because you are to "harde-gat" to pay a fine. These things have a habit of biting you in the arse when you least expect it
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Offline SlŠinte Mhaith

Re: Speeding Fine - Summons?
« Reply #30 on: March 12, 2014, 10:03:19 am »
I have heard that all they have to do is show a summons was delivered or posted to either address. Obviously you can't show it was posted through normal post and that is why registered post is the norm.

Please don't spread scaremongery (things you have only heard).
A summons can never be posted. It has to be delivered to you or your address. Either you have to sign for it or anyone at your address.
When a cop stop you next to the road the fine might be a summons (not with Aarto though) and you sign for it.
Or if you don't pay a standard postal fine the summons might be delivered to your address. Then anyone at said address can sign for it or they can attach it to the building.
 

Offline SlŠinte Mhaith

Re: Speeding Fine - Summons?
« Reply #31 on: March 12, 2014, 10:04:40 am »
And with this new ARTO points system you might even get your license suspended.

Incorrect. The AARTO points system is not active. (unless I have missed something)
 

Offline hedleyj

Re: Speeding Fine - Summons?
« Reply #32 on: March 12, 2014, 10:20:05 am »
Firstly do breakfast runs on a sunday qualify as a meeting  :lol8:

Dont delay get a correspndence going with the Public Prosecutor.

a mate of mine had the same an waited for the summons and then tried to get to the public prosector "too late" he had to appear.

Then the the magistrate asked him why he didnt settle before coming to court. Total miscommunicaton.

good luck

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Offline SlŠinte Mhaith

Re: Speeding Fine - Summons?
« Reply #33 on: March 12, 2014, 10:26:30 am »
I don't sign any doc's - fines or otherwise
I never pay traffic fines
I have never been arrested at any roadblock
They must produce the warrant on the spot which they can seldom do


You obviously don't ride around the dome, northgate area, cause there they do it on a regular basis, nasty enough to ruin your day.

How do they issue a summons on the spot? There surely is court procedures required?  You surely must have the option to pay the fine within x amount of time too?

You referring to summons or warrant?

You have to distinguish between a summons and a summons and a warrant. (Not a spelling mistake)

Summons at roadside for traffic offence:
Standard old fine issued in person and as I understand is still issued in Western Cape. You sign for it. It is a summons and contains a court date. Presume they clarify court dates before.
In this case you have the option to pay a fine to accept admission of guilt and avoid going to court. No criminal record.
For more serious offences they can also summons you to court without the option to pay a fine.
With AARTO in Gauteng this type of fine is not a summons and does not contain a court date. Not sure how they deal with more serious fines as the cop does not issue the summons.

Summons to address:
If you don't pay a fine received by post then they have to issue a summons with court date.
Has to be delivered to your address and you or anyone can sign for it or it can be attached to building.
Ignore any summons and the next step is a warrant of arrest.

Warrant of arrest:
The first time you see the warrant of arrest is when they arrest you.
Yes the warrant should be delivered on the spot but due to the impossibility of this the court allows ways around this.
A copy of the warrant can be faxed etc. Cops can take you to a police station and get a copy of the warrant.
Prosecutor told me they can even arrest you based on a text message, although the text message must be from the right person (not sure what his credentials must be)
 

Offline Pavlovski

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Re: Speeding Fine - Summons?
« Reply #34 on: March 12, 2014, 04:02:24 pm »
If you have recently 2013/2014 received a fine of R500 or more and didn't pay within the "discounted period" chances are you lost some AARTO points. Talking from experience here....
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Offline KaTooMatt

Re: Speeding Fine - Summons?
« Reply #35 on: March 12, 2014, 05:26:28 pm »
Aarto is not working yet. It is an abysmal failure in Gauteng in terms of collecting fines etc. so not rolled out countrywide yet. As a result they can show you lost points but at this time they are meaningless. Until it is countrywide no actual points can be deducted.
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Offline Pavlovski

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Re: Speeding Fine - Summons?
« Reply #36 on: March 12, 2014, 07:24:14 pm »
Hope that's true....
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Offline SlŠinte Mhaith

Re: Speeding Fine - Summons?
« Reply #37 on: March 12, 2014, 11:29:06 pm »
If you have recently 2013/2014 received a fine of R500 or more and didn't pay within the "discounted period" chances are you lost some AARTO points. Talking from experience here....

What experience did you have?

Hope that's true....

Look here:

http://www.aarto.gov.za/index.php?option=com_content&view=article&id=2&Itemid=119

"IT IS IMPORTANT TO NOTE THAT THE POINT DEMERIT SYSTEM IS NOT ACTIVE YET.  IT WILL ONLY BE ACTIVATED AT A LATER STAGE.  COMMUNICATION IN THIS REGARD WILL BE DISTRIBUTED CLOSER TO THE TIME."
« Last Edit: March 12, 2014, 11:29:31 pm by SlŠinte Mhaith »
 

Offline Martyn

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Re: Speeding Fine - Summons?
« Reply #38 on: March 13, 2014, 07:28:40 am »
Randfontein Krugersorp area:

Senior Public Prosecutor Ms E Van Der Merwe Private Bag x2009 Krugersdorp
1740

(Tel) (011)660 Ė 3711
(Fax) (011)665 Ė 4478

Engela Van der Merwe (EvanDerMerwe@justice.gov.za)
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